Decision of the Court of Cassation, VI Criminal Section, No. 30864 of 8 April 2014

To reject a request for extradition it is not necessary that evidences, in proper sense, are collected by the judge about the fact that the extradited person would be in danger of being subjected, in the requesting State, to torture or other cruel, inhuman, or degrading treatment. It is not the person whose extradition has been requested that has to prove the existence of such a risk; latter must be assessed, rather, by the judge, making recourse to any useful source of information, and especially UN or EU bodies, non-governmental organizations, or individuals. In the case at hand, there was however no reason to refuse extradition to Ukraine of a person in respect of whom the competent Court of Appeal had not provided any convincing argument to show that he would have been, if extradited, at risk of violation of his fundamental rights.